Southern District of New York • 1:26-cv-06016

C.R. v. Mullin

Active

Case Information

Filed: July 16, 2026
Assigned to: Jeannette A. Vargas
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 16, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33145141) Document filed by Y. C.R.. (Attachments: # 1 Exhibit A. ICE Detainee Locator, # 2 Exhibit B. Declaration of Zabdi Salazar, # 3 Exhibit C. Notice to Appear).(Christiani, Nora) (Entered: 07/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 16, 2026
CIVIL COVER SHEET filed..(Christiani, Nora) (Entered: 07/16/2026)
Main Document: Civil Cover Sheet
#3
Jul 16, 2026
ORDER TO ANSWER, 28 U.S.C. § 2241: The Court, having examined the Petition, hereby ORDERS that, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jers ey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828 (DEH), 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., A rostegui-Maldonado v. Baltazar, No. 25-CV-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117 (BLF), 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). Within two business da ys of the date of this Order, Respondents shall file a letter with the following information, as further set forth. The parties shall appear for a case management conference with the Court on July 22, 2026, at 3:30 p.m. The conference will be held via Microsoft TEAMS at the following link: https://teams.microsoft.com/meet/217584079863367?p=1fLyzXf70v1BB71rC1 (Meeting ID: 217 584 079 863 367, Passcode: so28Pf9g), as further set forth. No later than today, Petitioner's counsel shall (1) ser ve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, to the Civil Division of the U.S. Attorney's Office, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/16/2026) (mml)
Main Document: Order to Answer, 28 U.S.C. 2241 AND ~Util - Set Motion and R&R Deadlines/Hearings
#4
Jul 16, 2026
CERTIFICATE OF SERVICE of Habeas Corpus Petition and Exhibit; Court's July 16 2026 Order served on U.S. Attorney's Office on 07/16/2026. Service was made by Mail. Document filed by Y. C.R...(Christiani, Nora) (Entered: 07/16/2026)
Main Document: Certificate of Service Other
Jul 16, 2026
Set/Reset Hearings: Case Management Conference set for 7/22/2026 at 03:30 PM before Judge Ronnie Abrams. (mml)
Jul 16, 2026
Case Designated ECF. (jgo)
Jul 16, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jeannette A. Vargas. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Jul 16, 2026
Case Opening Initial Assignment Notice
Jul 16, 2026
Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
#5
Jul 17, 2026
MOTION for Leave to File Motion to Proceed by Initials Y.C.R.. Document filed by Y. C.R.. (Attachments: # 1 Supplement Memorandum of Law in Support of Motion, # 2 Proposed Order Proposed Order).(Christiani, Nora) (Entered: 07/17/2026)
Main Document: Leave to File Document
#6
Jul 20, 2026
NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin..(Neagu, Tudor) (Entered: 07/20/2026)
Main Document: Notice of Appearance
#7
Jul 20, 2026
LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated July 20, 2026 re: Government's Answers to Court's Questions. Document filed by Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin..(Neagu, Tudor) (Entered: 07/20/2026)
Main Document: Letter
#8
Jul 21, 2026
LETTER addressed to Judge Jeannette A. Vargas from Nora Marie Christiani dated 07/21/2026 re: Joint Status Letter. Document filed by Y. C.R...(Christiani, Nora) (Entered: 07/21/2026)
Main Document: Letter
#9
Jul 21, 2026
ORDER granting 5 Motion for Leave to File Document. Petitioner's request for leave to proceed under a pseudonym is GRANTED. Petitioner has made a sufficient showing that the Petition "involves matters that are 'highly sensitive and [of a] personal nature.'" Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 190 (2d Cir. 2008) (quoting M.M. v. Zavaras, 139 F.3d 798, 803 (10th Cir. 1998)). The Court also notes that "[s]uits against thegovernment 'involve no injury to the Government's reputation.'" Doe v. Skyline Automobiles Inc.,375 F. Supp. 3d 401, 406 (S.D.N.Y. 2019) (quoting North Jersey Media Grp. Inc. v. Doe Nos. 1-5,No. 12-CV-6152 (VM) (KNF), 2012 WL 5899331, at *7 (S.D.N.Y. Nov. 26, 2012)). SinceRespondents are all named in their official capacity here, Petitioner proceeding under a pseudonymposes little to no prejudice to Respondents. Moreover, when challenging unlawful governmentaction, "it is in the public interest that the price of access to the courts not be too high." Doe v. DelRio, 241 F.R.D. 154, 158 (S.D.N.Y. 2006) (citing EW v. New York Blood Ctr., 213 F.R.D. 108, 112(E.D.N.Y. 2003)). The Court therefore finds that, in this instance, Petitioner's "interest inanonymity" outweighs "both the public interest in disclosure and any prejudice to the[respondents]." Sealed Plaintiff, 537 F.3d at 189. The Clerk of Court is directed to terminate ECF No. 5. (Signed by Judge Jeannette A. Vargas on 7/21/2026) (sgz) (Entered: 07/21/2026)
Main Document: Order on Motion for Leave to File Document
#10
Jul 21, 2026
MEMO ENDORSEMENT on re: 8 Letter filed by Y. C.R. ENDORSEMENT: SO ORDERED. Judith Almodovar answer due 7/30/2026; Paul Arteta answer due 7/30/2026; Todd Blanche answer due 7/30/2026; Markwayne Mullin answer due 7/30/2026. (Signed by Judge Jeannette A. Vargas on 7/21/2026) (sgz) (Entered: 07/21/2026)
Main Document: Memo Endorsement AND ~Util - Set Deadlines
#11
Jul 26, 2026
NOTICE OF APPEARANCE by Nhu-Y Ngo on behalf of Y. C.R...(Ngo, Nhu-Y) (Entered: 07/26/2026)
Main Document: Notice of Appearance
#12
Jul 30, 2026
RESPONSE re: 1 Petition for Writ of Habeas Corpus, . Document filed by Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Sep. 22, 2025, # 2 Exhibit B, Repository Inquiry, New York State Division of Criminal Justice Services, # 3 Exhibit C, Warrant for Arrest of Alien, Form I-200, Sep. 22, 2025, # 4 Exhibit D, Notice to Appear, Form I-862, Sep. 22, 2025, # 5 Exhibit E, Removal Order, May 4, 2026, # 6 Exhibit F, Order Denying Motion to Reopen, May 8, 2026, # 7 Exhibit G, Notice of Custody Determination, Form I-286 and Velesaca Worksheet, May 11, 2026, # 8 Exhibit H, Warrant of Removal-Deportation, Form I-205, Jun. 4, 2026).(Neagu, Tudor) (Entered: 07/30/2026)
Main Document: Response (non-motion)
#13
Jul 30, 2026
MEMORANDUM OF LAW in Opposition re: 12 Response,,, . Document filed by Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin..(Neagu, Tudor) (Entered: 07/30/2026)
Main Document: Memorandum of Law in Opposition (non-motion)
#14
Jul 30, 2026
DECLARATION of Deportation Officer Spiro Vandoros in Opposition re: 12 Response,,,. Document filed by Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin..(Neagu, Tudor) (Entered: 07/30/2026)
Main Document: Declaration in Opposition (non-motion)
#15
Aug 03, 2026
CONSENT LETTER MOTION for Extension of Time addressed to Judge Jeannette A. Vargas from Nhu-Y Ngo dated 8/3/2026. Document filed by Y. C.R...(Ngo, Nhu-Y) (Entered: 08/03/2026)
Main Document: Extension of Time
#16
Aug 03, 2026
INTERNET CITATION NOTE: Material from decision with Internet citation re: 3 Order to Answer, 28 U.S.C. 2241.(rro) (Entered: 08/03/2026)
Main Document: Internet Citation
#17
Aug 03, 2026
INTERNET CITATION NOTE: Material from decision with Internet citation re: 3 Order to Answer.(rro) (Entered: 08/03/2026)
Main Document: Internet Citation
#18
Aug 04, 2026
ORDER granting 15 Letter Motion for Extension of Time. Petitioner's reply papers shall be filed by August 14, 2026. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) (Entered: 08/04/2026)
Aug 04, 2026
Order on Motion for Extension of Time
#19
Aug 14, 2026
NOTICE OF APPEARANCE by Edith Sangueza on behalf of Y. C.R...(Sangueza, Edith) (Entered: 08/14/2026)
Main Document: Notice of Appearance
#20
Aug 14, 2026
REPLY MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus, . Document filed by Y. C.R...(Sangueza, Edith) (Entered: 08/14/2026)
Main Document: Reply Memorandum of Law in Support (non-motion)
Oct 07, 2026
Order AND ~Util - Set Hearings
Oct 16, 2026
Remark
#22
Oct 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#23
Oct 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#24
Oct 20, 2026
Law Student Intern Appearance Certification
Main Document: Law Student Intern Appearance Certification
#25
Oct 20, 2026
MEMO ENDORSED ORDER re: 24 Law Student Intern Appearance Certification of Yadhira Marmolejos Contreras filed by Y. C.R. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceed on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Jeannette A. Vargas on 10/20/2026) (mml)
Main Document: Order
Oct 23, 2026
Remark
#26
Oct 27, 2026
Letter
Main Document: Letter
Oct 27, 2026
Oral Argument
#27
Oct 28, 2026
ORDER : For the reasons stated on the record, Plaintiff's petition is GRANTED IN PART and DENIED IN PART.As orally ordered at today's hearing, Petitioner is ordered conditionally released unless Respondents comply with the following instru ction: within seven calendar days of this Order, the immigration court must hold a bond hearing at which the Government bears the burden of proving, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk, and in determining whether to grant bond, the Immigration Judge ("IJ") must consider the availability of alternative conditions of release, and in determining the amount of any bond imposed, the IJ shall consider the Petitioner's ability t o pay. Respondents may move for an extension of time in which to hold such a bond hearing for good cause shown. The Clerk of Court is directed to enter judgment in accordance with this Order and to close the case. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 10/28/2026) (sgz) Transmission to Orders and Judgments Clerk for processing.
Main Document: Order
#28
Oct 28, 2026
ORDER re: 26 Letter filed by Y. C.R. On October 27, 2026, after normal business hours, the Court received a letter from Petitioner's counsel seeking a modification of the Court's October 27, 2026 Order seeking an extension of the deadline by which the bond hearing must take place. Petitioner's request is GRANTED. The bond hearing must be held in immigration court by November 19, 2026. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 10/28/2026) (ar)
Main Document: Order
#29
Oct 29, 2026
CLERK'S JUDGMENT re: 27 Order, 28 Order, in favor of Y. C.R. against Judith Almodovar, Markwayne Mullin, Paul Arteta, Todd Blanche. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order Doc. 27 dated October 28, 2026, and the Court's Order Doc. 28 dated October 28, 2026, t Plaintiff's petition is GRANTED IN PART and DENIED IN PART; the Court orders Respondents to provide him with a bond hearing. The bond hearing must be held in immigration court by November 19, 2026; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 10/29/2026) (Attachments: # 1 Appeal Package) (tp)
Main Document: Judgment - Clerk